Jose Verduzco — ADJ14370402

Applicant Jose Luis Verduzco suffered an industrial injury on May 26, 2020 to his right knee, ankle, and foot while working as a journeyman painter, requiring surgery on his right talus fracture. The WCJ awarded temporary total disability from May 27, 2020 through September 8, 2021, and applicant sought reconsideration claiming QME Dr. Mays' reports supported TTD continuing beyond that date. The Board majority found that Dr. Mays' opinion—stating applicant was TTD 'through the date' of the September 8, 2021 evaluation and that 'pending examinations' remained for determining work status—did not constitute substantial evidence on whether applicant's condition was P&S or whether TTD continued. The majority granted reconsideration, rescinded the F&A, and remanded for development of the record by obtaining a supplemental report from Dr. Mays. Commissioner Snellings dissented, agreeing with the WCJ that applicant failed to meet his burden of proof for additional TTD.